Punjab-Haryana High Court
Rajwinder Singh vs State Of Haryana And Others on 8 December, 2023
REENA 2023:PHHC:157272 237 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32915-2023 Date of decision:- 08.12.2023 Rajwinder Singh ...Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: | Mr. Paramjeet Phor, Advocate for the petitioner Ms. Geeta Sharma, DAG Haryana Mr. Aniket Rao, Advocate for respondents No. 2 and 3 HARPREET SINGH BRAR, J. (Oral)
1. This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 122 dated 30.07.2018 registered under Sections 406, 420 of Indian Penal Code and Section 24 of Immigration Act at Police Station Siwan, District Kaithal, Haryana (Annexure P-1) and all subsequent proceedings arising therefrom in view of the compromise deed dated 19.6.2023/03.07.2023 (Annexure P-2).
2. The FIR has been registered on the statement of private respondents on the allegations that the accused-petitioner has duped them and taken Rs. 4.25 lacs from each one of them to get job in Kuwait. The petitioner took their passports and gave them to another person for residence permit stamping. Now more than a year passed but they have neither given a job nor returned their passports. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.
2023.12.11 18:01 | attest to the accuracy and integrity of this order/ judgment Chandigarh REENA 2023:PHHC:157272 CRM-M-32915-2023 -2-
3. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the trial court/Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the directions issued by this Court, a report dated 02.08.2023 has been received from Sub Divisional Judicial Magistrate, Guhla, District Kaithal stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.
4. Learned Deputy Advocate General, Haryana on instructions from the Investigating Officer and learned counsel for respondents No.2 and 3 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR, in view of the law laid down by the Hon'ble Supreme Court.
5. I have heard learned counsel for the parties and have gone through the record with their able assistance.
6. The parties have effected a compromise and resolved their dispute amicably. A compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak. A two Judge Bench of the Hon'ble Supreme Court in Shakunta Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63, speaking through Justice V.R. Krishna Iyer, has held as under:-
"4. ....The finest hour of justice arrives propitiously when parties, despite falling apart, bury the hatchet and weave a sense of fellowship
a) or reunion.....
2023.12.11 18:01 | attest to the accuracy and integrity of this order/ judgment Chandigarh 2023:PHHC:157272 CRM-M-32915-2023 -3-
7. Consequently, keeping in view the fact that the dispute has been amicably settled and in view of the law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Ramgopal and another Vs. State of Madhya Pradesh 2021 SCC OnLine SC 834 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 @G) RCR (Crl) 1052, this petition is allowed and FIR No. 122 dated 30.07.2018 registered under Sections 406, 420 of Indian Penal Code and Section 24 of Immigration Act at Police Station Siwan, District Kaithal, Haryana (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua petitioner.
(HARPREET SINGH BRAR) December 08, 2023 JUDGE reena Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No REENA 2023.12.11 18:01 | attest to the accuracy and integrity of this order/ judgment Chandigarh